Top cop Maj-Gen Feroz Khan wants the Johannesburg High Court to force the police and the Madlanga commission to disclose the paper trail behind the transfer of his seized electronic devices, including correspondence, access logs, forensic reports and password records.
The demand forms part of Khan’s urgent court battle over devices seized from his Houghton home on May 10, the day he was arrested in a revived criminal case linked to the 2021 arrest and release of Tariq Downes.
Khan has cited the minister of police, the national police commissioner, the Gauteng provincial commissioner, Crime Intelligence divisional commissioner Lt-Gen Dumisani. Khumalo, investigating officer Warrant Officer Calvin Khorommbi, the chairperson of the Madlanga commission, the commission itself, its secretary, a Kempton Park magistrate, the justice minister and President Cyril
Ramaphosa.
In part A of his application, Khan seeks urgent interim orders stopping the police respondents, the Madlanga commission and anyone acting under them from further dealing with any electronic devices and data seized from him.
He also wants the court to direct the commission respondents to preserve the integrity of the devices and data pending the final determination of part B. Khan further asks that a search, access or seizure warrant issued by the magistrates court on May 20 under section 29 of the Cybercrimes Act be stayed pending the outcome of the review.
Khan also wants the court to review and set aside the Regulation 10(6) notice allegedly issued under the authority of the commission chairperson, as well as the decision by SAPS to transfer, disseminate or provide access to his electronic devices and associated material to the commission or its secretary.
He also wants the court to set aside what he describes in the papers as the premature handover of the devices by the police respondents.
The records Khan wants disclosed include the full Regulation 10(6) notice file, all correspondence between SAPS and the commission, the decision record behind the transfer, and the application papers used to obtain the Cybercrimes Act warrant.
He also seeks chain-of-custody records, access logs, forensic reports, password and credential records, and Khorommbi’s security-clearance file.
Khan’s case is that the court must be able to examine how the devices moved from SAPS to the commission, who authorised the transfer, who received or accessed the material, and whether the material was dealt with before the legality of the seizure was determined.
SAPS, through Khorommbi, has denied that the search and seizure were unlawful.
- Maj-Gen Feroz Khan is seeking a court order forcing police and the Madlanga commission to disclose detailed records relating to the transfer of electronic devices seized from him, including access logs, correspondence, and forensic reports.
- The devices were seized from Khan’s home on May 10 during his arrest in a revived criminal case connected to a 2021 incident involving Tariq Downes.
- Khan wants the court to halt any further handling or data processing of the seized devices and to preserve their integrity pending a full review.
- He is challenging the validity of a search warrant issued under the Cybercrimes Act and the transfer of his devices to the commission, seeking to have these actions reviewed and set aside.
- Khan’s legal team demands full transparency on how the devices were transferred, who authorized the transfer, and who accessed the data, citing concerns about premature handover and legality of the seizure; police deny any unlawful conduct.
